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King & Wood Mallesons

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Information Technology Update — April 2013

11 April 2013

King & Wood Mallesons has released its April 2013 edition of its Information Technology Update. Topics covered include IT service and outsourcing agreements, penalties and social media marketing, as well as a summary of the top High Court decisions in the corporate context in 2012.

The High Court’s recent decision in Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30 establishes the broad reach of the common law rule and the equitable jurisdiction concerning relief against penalties and makes clear that these rules cannot be avoided through drafting alone. The case establishes that the doctrine will apply to any fee that in substance is designed to secure the performance of a contractual obligation, irrespective of whether the fee is actually triggered by a breach…

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